Dear Experts, We are construction based company form Bangalore, recently we offered a job two candidates for one our projects in other regions, and they accepted the officer also. but unfortunately client has terminated our services other financial reasons. Here by we request you to please suggest us how to revoke the offer to employee as per the law. kindly suggest us best practice.
From India, undefined
From India, undefined
Job offer letter, unlike Offer of Appointment, is not a legal document and the employer/Company can revoke citing the reason of cancellation of business project.
From India, Aizawl
624From India, Aizawl
This appears to be again concerning 'Lockdown' period. Which is a unique development in the recent past. Courts have yet to pronounce pathbreaking judgments on such pleas.
However, there are certain moot points to be analysed pertinent-
- You need to first read the terms of offer letter. If it states they can with draw at any time then the candidate cannot do anything. If it does not they can take a legal action against the company. They can always say that they resigned based on the offer and gave acceptance & signed offer letter issued by the new company.
- The offer letter could be binding depending upon how it is worded. I know that most offer letters are worded in such a way that one cannot take legal action.
You should consult an attorney to review the letter.
As this happened in India, you can be sued/the company and claim damages based on the loss you suffered towards:
a) Resigning the present job based on this offer letter.
b) Shifting of residence and related expenditure.
c) Money in lieu of Notice period mentioned in the offer letter entitled therefore had they joined the company.
The exact course of action can be suggested only after going through the offer letter. You must seek the services of a Lawyer and proceed further.
If the withdrawal of offer is based on some wrong information mentioned in resumes, which wasn't substantiated or BGV failed etc, then they have no case. Normally, without valid reason, companies do not withdraw offer letters and that depends on action forthcoming from them.
From India, Bangalore
However, there are certain moot points to be analysed pertinent-
- You need to first read the terms of offer letter. If it states they can with draw at any time then the candidate cannot do anything. If it does not they can take a legal action against the company. They can always say that they resigned based on the offer and gave acceptance & signed offer letter issued by the new company.
- The offer letter could be binding depending upon how it is worded. I know that most offer letters are worded in such a way that one cannot take legal action.
You should consult an attorney to review the letter.
As this happened in India, you can be sued/the company and claim damages based on the loss you suffered towards:
a) Resigning the present job based on this offer letter.
b) Shifting of residence and related expenditure.
c) Money in lieu of Notice period mentioned in the offer letter entitled therefore had they joined the company.
The exact course of action can be suggested only after going through the offer letter. You must seek the services of a Lawyer and proceed further.
If the withdrawal of offer is based on some wrong information mentioned in resumes, which wasn't substantiated or BGV failed etc, then they have no case. Normally, without valid reason, companies do not withdraw offer letters and that depends on action forthcoming from them.
From India, Bangalore
Dear Sir,
thanks for the valuable suggestions for our request.
here i would like to inform you we have not an issue any appointment letter instead of this we sent an mail to candidates to report the site with specified date.
now the state (Tamil Nadu) which they supposed to report extended lockdown till month end.
keeping all these as view can inform employees about revoking offer/Appointment.
if its possible guide us with draft mail to the send employee which can help us out.
Regards
krishna chaitanya
From India, undefined
thanks for the valuable suggestions for our request.
here i would like to inform you we have not an issue any appointment letter instead of this we sent an mail to candidates to report the site with specified date.
now the state (Tamil Nadu) which they supposed to report extended lockdown till month end.
keeping all these as view can inform employees about revoking offer/Appointment.
if its possible guide us with draft mail to the send employee which can help us out.
Regards
krishna chaitanya
From India, undefined
Hi Krishna,
Are you proposing going ahead with complete revoking the offers or only postpone/defer joining time till the lock down is lifted atleast partially enabling the unit to function.?
What's the status, is't the joining time indicated in the offers elapsed or still time is left?
Have you already informed them orally whoever enquired about it or just stalemated ?
From India, Bangalore
Are you proposing going ahead with complete revoking the offers or only postpone/defer joining time till the lock down is lifted atleast partially enabling the unit to function.?
What's the status, is't the joining time indicated in the offers elapsed or still time is left?
Have you already informed them orally whoever enquired about it or just stalemated ?
From India, Bangalore
Dear Sir,
in continuation to our discussion we are going with complete revoking the offer.
in the mail communication we indicated date of the joining.
now for time being we are informed them orally to until lockdown lift but we are not sure our will continue with our services for further,
keeping all these suggest us for approach.
how can we communicate to candidates -suggest us draft mail.
is their any violation interms of law if candidates approach legal departments.
regards
krishna chaitanya
From India, undefined
in continuation to our discussion we are going with complete revoking the offer.
in the mail communication we indicated date of the joining.
now for time being we are informed them orally to until lockdown lift but we are not sure our will continue with our services for further,
keeping all these suggest us for approach.
how can we communicate to candidates -suggest us draft mail.
is their any violation interms of law if candidates approach legal departments.
regards
krishna chaitanya
From India, undefined
Can you share any one of the offer letter issued to the candidates, either thru' eMail or here itself so that we'll examine the terms you mentioned and see what best can be done to suggest you. (you may delete the addresses, logo, names etc. to maintain secrecy).
And before that, let us know have resumed the operations yet or not and whether any chance of avoiding the revoke of offers. Pl.consider fate of those resigned their previous jobs anticipating joining you. This lockdown is not going to continue for long and already GoI is talking about 'Unlock-2' which may bring back near normalcy in all sectors.
From India, Bangalore
And before that, let us know have resumed the operations yet or not and whether any chance of avoiding the revoke of offers. Pl.consider fate of those resigned their previous jobs anticipating joining you. This lockdown is not going to continue for long and already GoI is talking about 'Unlock-2' which may bring back near normalcy in all sectors.
From India, Bangalore
Dear Sir
please find attachment of mail communication which is sent to the candidate, for your ref.
reg operation we offered them for specific project but unfortunately client terminated our service for the project.
so we would like to revoke the offer suggest us with best practice.
From India, undefined
please find attachment of mail communication which is sent to the candidate, for your ref.
reg operation we offered them for specific project but unfortunately client terminated our service for the project.
so we would like to revoke the offer suggest us with best practice.
From India, undefined
Did you receive any letter or communication in response to your emails?
I don't find any attachment. Is there any 'force majeure' clause in your WO issued by the client.
And any clause to the effect '...this offer is not a letter of appointment' and/or 'this offer can be withdrawn/revoked any time without assigning any reason' or such wordings used in your offer ??
From India, Bangalore
I don't find any attachment. Is there any 'force majeure' clause in your WO issued by the client.
And any clause to the effect '...this offer is not a letter of appointment' and/or 'this offer can be withdrawn/revoked any time without assigning any reason' or such wordings used in your offer ??
From India, Bangalore
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